2014-09-26Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.Househsju002014-07-28T16:00:24ZReferred toStanding2014-09-26T19:52:57ZReferred toCrime, Terrorism, Homeland Security, and Investigations Subcommitteehsju08Judiciary Committee2014-07-29T05:06:44Z11112014-09-26Crime, Terrorism, Homeland Security, and Investigations Subcommitteehsju08House committee actions1Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.CommitteeH111002014-07-28IntroReferralHouse floor actions2Referred to the House Committee on the Judiciary.Judiciary Committeehsju00Intro-H2014-07-28IntroReferralLibrary of Congress9Introduced in House10002014-07-28IntroReferralLibrary of Congress9Introduced in House42014-07-28By Mr. WALBERG:H.R. 5212.Congress has the power to enact this legislation pursuantto the following:Article I, Section 8, Clause 9 of the Constitution of theUnited States; the power to constitute Tribunals inferior tothe Supreme Court.The purpose of the bill is to amend the civil assetforfeiture procedures and Section 8, Clause 9 extends toCongress the power to create inferior courts and to makerules of procedure and evidence for such courts.[Page H6976]]]>5212Crime and Law Enforcement2014-07-28T04:00:00ZIntroduced in HouseCivil Asset Forfeiture Reform Act of 2014 - Amends the federal criminal code to require the government to include in any notice required to be sent in a nonjudicial civil forfeiture proceeding under a civil forfeiture statute that the person receiving the notice may be able to obtain free or reduced rate legal representation.

Requires the government, in a suit or action brought under any civil forfeiture statute for the civil forfeiture of property, to prove that the property is subject to forfeiture by clear and convincing evidence (currently, by a preponderance of the evidence).

Provides that where a prima facie case is made for an innocent owner defense, the government has the burden of proving that the claimant knew or reasonably should have known that the property was involved in the illegal conduct giving rise to the forfeiture (currently, the claimant has the burden of proving that the claimant is an innocent owner). Places the burden on the government to show that the property owner should have had knowledge of the criminal activity by demonstrating that the property owner did not: (1) give timely notice to law enforcement of information that led the person to know the conduct giving rise to a forfeiture occurred; and (2) in a timely fashion, revoke or attempt to revoke permission for those engaging in such conduct to use the property or take reasonable actions in consultation with law enforcement to discourage or prevent the illegal use of the property.

Directs the court, in determining whether the forfeiture was constitutionally excessive, to consider such factors as the seriousness of the offense, the extent of the nexus of the property to the offense, the range of sentences available for the offense giving rise to forfeiture, the fair market value of the property, and the hardship to the property owner and dependents (currently, the court is required to compare the forfeiture to the gravity of the offense giving rise to the forfeiture).

Requires the Attorney General to: (1) specify, in the annual report on the Department of Justice Assets Forfeiture Fund, deposits from each type of forfeiture, identifying which funds were obtained from criminal forfeitures and which were obtained from civil forfeitures; and (2) assure that any equitable sharing between the Department of Justice (DOJ) and a local or state law enforcement agency was not initiated for the purpose of circumventing any state law that prohibits civil forfeiture or limits use or disposition of property obtained via civil forfeiture by state or local agencies.

]]>002014-07-282014-12-01T21:51:55ZIntroduced in House113Criminal justice information and recordsCriminal procedure and sentencingEvidence and witnessesGovernment information and archivesIntergovernmental relationsLawyers and legal servicesProperty rightsState and local financeState and local government operationsCrime and Law EnforcementCivil Asset Forfeiture Reform Act of 20142016-10-25T16:15:30ZHouseShort Titles as IntroducedCivil Asset Forfeiture Reform Act of 2014Official Title as IntroducedTo amend title 18, United States Code, with respect to civil asset forfeiture, and for other purposes.Display TitleCivil Asset Forfeiture Reform Act of 2014MITimW000798Rep. Walberg, Tim [R-MI-7]WalbergR7W000798799218552RFalseEllmersRep. Ellmers, Renee L. [R-NC-2]2014-08-01L.Renee20368025E000291E000291NC6RFalseCoffmanRep. Coffman, Mike [R-CO-6]2014-09-08Mike78641912C001077C001077CO0RFalseLummisRep. Lummis, Cynthia M. [R-WY-At Large]2014-09-09M.Cynthia1960L0005718225L000571WY2RFalsePearceRep. Pearce, Stevan [R-NM-2]2014-09-09StevanP00058880571738P000588NM8RFalseRibbleRep. Ribble, Reid J. [R-WI-8]2014-09-09J.ReidR00058782212073R000587WI48RFalseROHRABACHERRep. Rohrabacher, Dana [R-CA-48]2014-09-11DANA9797851R000409R000409CA1RFalseBishopRep. Bishop, Rob [R-UT-1]2014-09-11Rob1753B0012508189B001250UT11RFalseConawayRep. Conaway, K. Michael [R-TX-11]2014-09-11MichaelK.18058167C001062C001062TX10RFalseBrounRep. Broun, Paul C. [R-GA-10]2014-09-11C.Paul18827907B001262B001262GA19RFalseClawsonRep. Clawson, Curt [R-FL-19]2014-09-16Curt2200C001102C001102FL5RFalseGarrettRep. Garrett, Scott [R-NJ-5]2014-09-17Scott17378047G000548G000548NJ5DFalseEllisonRep. Ellison, Keith [D-MN-5]2014-09-18Keith80051857E000288E000288MN3RFalseTiptonRep. Tipton, Scott R. [R-CO-3]2014-09-18R.Scott19977861T000470T000470CO4RFalseMcClintockRep. McClintock, Tom [R-CA-4]2014-11-12Tom1908M0011777809M001177CA36RFalseSTOCKMANRep. Stockman, Steve [R-TX-36]2014-11-12STEVE1114S000937S000937TX11RFalseBentivolioRep. Bentivolio, Kerry L. [R-MI-11]2014-11-12L.Kerry2135B001280B001280MI4DFalseJohnsonRep. Johnson, Henry C. "Hank," Jr. [D-GA-4]2014-11-12C. "Hank"HenryJ00028818437901J000288GA8DFalseMORANRep. Moran, James P. [D-VA-8]2014-11-12P.JAMESM0009338328199M000933VA20DFalseFARRRep. Farr, Sam [D-CA-20]2014-11-12SAM3687822F000030F000030CA29DFalseCardenasRep. Cardenas, Tony [D-CA-29]2014-11-13Tony2107C001097C001097CAHRtext/xmlENPursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.Congressional Research Service, Library of CongressThis file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.